KARUR VYSYA BANK REPRESENTED BY CHIEF MANAGER & AUTHORIZED OFFICER Vs. SRI SRIKANTESHWARA T V CENTRE REPRESENTED BY ITS PROPRIETOR

JUDGEMENT

(1.) The petitioner-defendant No.7 filed the present writ petition against the order dated 24.01.2019 on I.A.No.4 in O.S.No.603/2018 rejecting the application filed by the defendant No.7 under Order VII Rule 11 of CPC read with Section 34 of the SARFAESI Act, 2002.

(2.) The first respondent who is the plaintiff before the trial Court filed suit for permanent injunction against defendant Nos.1 to 9 including the petitioner restraining from interfering with plaintiff's peaceful possession from enjoying the suit schedule property contending that the plaintiff is in possession and enjoyment of the suit schedule property as a tenant under defendant Nos.1 to 6 as per the rent agreement dated 29.09.2016 entered into between the plaintiff and defendant Nos.1 to 6 and he has paid Rs.7,00,000/- advance and monthly rent of Rs.65,000/- commencing from 01.10.2016. The defendants unnecessarily interfering with the possession of the plaintiff, therefore, the suit is filed for the relief sought for.

(3.) The seventh defendant filed written statement denying the plaint averments and contended that he is a secured creditor of defendant Nos.1 to 6 and the suit filed by the plaintiff is not maintainable and is liable to be dismissed.